Borno State High Court (Civil Procedure Rules), 2006

HIGH COURT OF BORNO STATE OF NIGERIA (CIVIL PROCEDURE) RULES, 2006.

BORNO STATE HIGH COURT (CIVIL PROCEDURE RULES), 2006.

A [LAW] TO ESTABLISH THE HIGH COURT OF BORNO STATE (CIVIL PROCEDURE) RULES AND FOR CONNECTED PURPOSES

BE IT ENACTED BY THE BORNO STATE HOUSE OF ASSEMBLY AS FOLLOWS:

Date of Commencement.

1. (1) The Rules may be cited as the High Court of Borno State (Civil Procedure) Rules, 2006 and shall come into force on...day of ......, 2006.

(2) The provisions contained in the Rules set out in the Schedule to this Bill (hereafter referred to as "the Rules") shall be the Rules of (Civil Procedure) to be followed in the High Court of Borno State.

2. Where a matter arises in respect of which no adequate provisions are made in the Rules, the Court shall adopt such procedure as will in its view do substantial justice between the parties concerned.

3. (1) Any reference in this Bill to anything done under this Bill includes a reference to the thing done before the commencement of this Bill.

(2) Except where the context otherwise requires, any reference to this Bill to any enactment shall be construed as a reference to that enactment as amended, extended or applied by or under any other enactment.

4. In the rules unless the context otherwise requires:

"Court" means the High Court of Borno State of Nigeria;

"Government" means the Governor of Borno State; and

"State" means the Borno State of Nigeria.

5. The High Court of Borno State (Civil Procedure) Law, 2004 is hereby repealed. This Law may be cited as the High Court of Borno State (Civil Procedure) Law, 2006 and shall come into force on...............day of....

SCHEDULE

HIGH COURT OF BORNO STATE (CIVIL PROCEDURE) RULES 2006.

TABLE OF CONTENT

Order Rule Description

Pages

1.- CITATION AND COMMENCEMENT. 1

1. Application

2. Interpretation of terms

2.- PLACE OF INSTITUTING AND TRIALS OF SUITS

1. Suits relating to Land and Property distrained or seized 3

2. Suits for recovery of penalties, forfeiture 3

3. Suits upon contract 3

4. Other suits 3

5. Suits commenced in wrong judicial division 3

6. Transfer of proceedings 3

3.- FORM AND COMMENCEMENT OF ACTION

1. Proceeding which must be begun by writs 4